Per S.N. Jha, CJ. (Oral):

A short but significant question of law- whether unauthorized absence of an employee beyond the period prescribed under the rules results in automatic cessation of employment ? - arises for consideration in this Letters Patent Appeal. The question is not res integra. However, in view of the stand taken on behalf of the State, we consider it appropriate to record a brief order clarifying position in law.

2. Facts of the case may be stated first. The appellant was initially appointed as an Orderly in the Forest Department. He was later promoted to the post of Forest Guard which post he claims to be holding on substantive basis at the relevant time. In December, 1991, he professedly proceeded on one months leave. According to the appellant, he went on leave because his uncle had been killed by some unidentified assailants and he apprehended threat to his life. He stayed away from his job until 26th February, 2000 when he reported for duty. His joining was accepted by Range Officer, Doabagh. On 28th February, 2000, Divisional Forest Officer, Baramulla, informed the Range Officer that the entry in the receipt register, meaning thereby the joining of the appellant

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